INDIA

• INTERNATIONAL TREATIES TO WHICH INDIA IS SIGNATORY

  • International Treaties to which India is signatory for the protection of Plant Breeders Rights and Plant Varieties Protection.

    1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
    2. CONVENTION ON BIOLOGICAL DIVERSITY.
    3. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
    4. CARTAGENA PROTOCOL on Bio Safety
    5. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. 
    6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS.

    India is not a member of – International Union for the protection of New Varieties of Plants – UPOV.

• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders’ Rights Legislation in India:

    1. The Protection of Plant Varieties and Farmers Rights Act 2001 – PPVFR
    2. The Seeds Act 1966
    3. Biological diversity Act 2002.
• PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

  • Protection accorded by the PPVFR:  The PPVFR protects the following varieties:

    1. Extant Varieties
    2. Farmers Varieties
    3. Essentially Derived Varieties
• PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

  • Protection not accorded by the PPVFR: The PPVFR does not protect new varieties if the denomination given to such variety:

    1. is not capable of identifying such variety;
    2. consists solely of figures;
    3. misleads or causes confusion concerning the characteristics, value identity of such variety of the identity of the breeder of such variety;
    4. is not different from every denomination designating a variety of the same botanical species or of a closely related species registered under the Act;
    5. is likely to deceive the public or cause confusion regarding identity of such variety;
    6. is likely to hurt religious sentiments of the public;
    7. is prohibited for use as per Emblems and Names (Protection of Improper Use Act)
    8. is comprised of solely or partly of geographical name.
       ParityPatents Law Firms through its Attorney and Law Firms in India is at hand to help you with PBR protection and registration.
• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS

  • Following persons may individually or jointly with other persons file applications seeking protection under the PPVFR:

    1. Persons claiming to be the breeder of the variety;
    2. Successors of the breeder of the variety;
    3. Assignees of the breeders of the variety ;
    4.  Farmers, Groups of Farmers, Communities of Farmers claiming to be the breeders of the variety;
    5. Universities or publicly funded Agricultural Institutions.
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT INDIA

  • (1) Application made for protection under the PPVFR  to conform to  the following requisites:

    • Application to state the denomination assigned to such variety by the applicant;
    • Application to be accompanied by an affidavit sworn by the applicant that such a variety does not contain any gene or gene sequence involving terminator technology;
    • Application to contain:
      – complete details of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken
      – complete information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety.
    • Application to be accompanied by a statement briefly describing  the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration;
    • Application to contain a declaration stating that the generic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired and
    • The Application to be accompanied by such other particulars and fees as prescribed.

    (2) Application made for protection under the PPVFR for Essentially Derived Varieties to conform to  the following requisites:

    • Application to state the denomination assigned to such Essentially Derived Variety by the applicant;
    • Application to be accompanied by an affidavit sworn by the applicant that such an Essentially Derived Variety does not contain any gene or gene sequence involving terminator technology;
    • Application to contain:
      – complete details of the parental lines from which the Essentially Derived Variety has been derived along with the geographical location in India from where the genetic material has been taken.
      – complete information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the Essentially Derived Variety.
    • Application to be accompanied by a statement briefly describing  the Essentially Derived Variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration;
    • Application to contain a declaration stating that the generic material or parental material acquired for breeding, evolving or developing the Essentially Derived Essentially Derived Variety has been lawfully acquired and
    • The Application to be accompanied by such other particulars and fees as prescribed.
• EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS

  • Examination Process and Grant of Plant Varieties:

    • Upon receipt of the application and the contents therein being appropriate with law, the application is accepted. Else, the Registrar may direct the applicant to carry out the necessary amendments.
    • Upon acceptance of the application, the Registrar is to advertise the application calling for objections if any from interested 3rd parties.
    • Interested parties may within 3 months from the date of advertisement file opposition to the application.
    • In the event the application for registration is not opposed or overcomes opposition, the application gets accepted for registration.
    • Once the application gets accepted for registration, the Registrar is to register the variety and issue registration Certificate to the applicant.

    Examination Process and Grant of Essentially Derived Plant Varieties Certification:

    • Upon receipt of the application for registration of Essentially Derived Plant Varieties, the authorities shall examine such Essentially Derived Varieties to determine as to whether the Essentially Derived Variety is a variety derived from the initial variety by way of prescribed tests and procedures.
    • Upon obtaining satisfactory report establishing the derivation of the Essentially Derived Variety as being derived from the initial variety, the Registrar shall register the variety.
    • Upon fulfilling the criteria of Novelty, Distinctiveness, Uniformity and Stability, the Essentially Derived Variety is registered and the Registrar issues a certificate of registration to the applicant.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • Following Characteristics  are essential for grant of Plant Breeders Rights:

    • Novel
    • Distinct
    • Uniform
    • Stable
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    1. Trees and Vines – 18 yrs. from the date of registration of the variety
    2. Extant Varieties –  15 yrs. from the date of registration of the variety by the Central Government
    3. In all other cases – 15 yrs. from the date of registration of the variety.

    Owners of the registered plant variety may have the following rights:

    • The exclusive right to exploit the protected variety.
    • Prohibiting any person from exploiting the plant variety without prior authorisation from the owner but with certain exceptions.
    • Assign, Transfer, License the plant variety. – Institute legal proceedings against people infringing the plant variety as well as the denomination.

    Engage in the following activities regarding the propagating material of the plant variety:

    • Production of propagating material of the protected variety
    • Processing for the purposes of propagation
    • Sale, Offer an Exposure for sale of the protected plant variety
    • Market, Import and Export the variety
    • Stocking the variety for any or all of the above mention purposes
• COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT

  • After expiry of 3 yrs. from the date of issue of certificate of registration, any interested 3rd party may make an application to the authorities seeking compulsory license stating that :

    • The reasonable requirement of the public for seeds or other propagating material of the variety have not been satisfied
    • The seed or other propagating material of the variety is not available to the public at a reasonable price.
    • Grant of compulsory license to undertake production, distribution, sale of the seed / other propagating material of that variety.
      ParityPatents along with specialised Patent Lawyers and Patent Attorneys in India, can assist you comprehensively with PBR Compulsory Licence matters.
• Cost of Registration in INDIA

  • Please write a mail for cost of registration of Plant Variety Protection  in India to the mail address given below:

    contact@paritypatent.com